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HomeMy WebLinkAboutBylaws City of Bozeman Study Commission 2024-2026Bylaws of Governing Voter Review Study Commission PART I. General Provisions Section 1.01 Purpose. The purpose of this document is to establish the rules of procedure for the conduct of meetings and the transaction of business by the 2024-2026 Study Commission of the City of Bozeman. These rules of procedure are intended to ensure that the Study Commission can accomplish its work efficiently, in full view of the public, and with reasonable opportunity for the public to participate in the deliberations and decisions of its city government. Section 1.02 Authority. These rules of procedure are promulgated pursuant to and supplement Title 2, Chapter 3 and Title 7, Chapter 3, Part 1 of the Montana Code Annotated. Section 1.03 Fiscal Term. The fiscal term of the City of Bozeman Study Commission shall begin November 2024 and end at the completion of the designated work and no later than November 2026. Any unspent budgetary funds at the time of completion shall be added to the general fund of the City of Bozeman. Section 1.04 Membership. Membership is designated by residents voting in the general election in November 2024 and service continues through the completion of the work. The Study Commission is made up of five Members (each a “Member”) who receive the most votes. Members shall serve on the Study Commission without compensation for their services. Norms for Study Commission Members will follow the Rules of Procedure as stated in Chapter 2, Article 2, Section 2.02.200, 120, 140, and Division 4: Code of Ethics BMC. Participation by Electronic Means. Study Commission Members are expected to contribute the time necessary to fulfill their obligations to the outcomes of the Study Commission, make every effort to attend all scheduled meetings and make every effort to do so in person. All Members are required to contact the Chair and Recording Secretary prior to the meeting if they are to be absent from a meeting. Any one or more Members may participate in, and shall be deemed present at, any meeting conducted by video conference by which all persons participating in the meeting can hea r each other at the same time. A minimum of two people must be present in the room for a meeting to occur. Officers of the Commission. The officers are the Presiding Officer and Presiding Vice-Officer (here forward “Chair and Vice Chair”) and shall be elected by the Members. The Chair shall preside over all meetings of the Commission and set the final draft of the agenda after receiving input from the full Study Commission during the prior meeting. The Vice Chair shall preside over the meetings in the absence of the Chair or if the Chair is participating via electronic means. A Recording Secretary will be selected by the Study Commission and in conjunction with the City of Bozeman Ex-Officio member will be 2 responsible for preparing meeting documents, posting the meeting as required, recording the meeting minutes and following all requirements that ensure public participation outlined by law. Compliance with the City Code of Ethics. All Members are required to follow State ethics laws regarding appointed officials and the City of Bozeman Code of Ethics. Members are also required to attend City sponsored Ethics Training on an annual basis. Inability to complete term. If a Member is not able to complete the term, the vacancy will be filled by appointment by the Bozeman City Commissioners within 30 days of the vacancy date. MCA 7-4-4111 and 7-4-4112. PART II. Public Participation Section 2.01 Policy. It is the policy of Bozeman Study Commission that the public shall be afforded reasonable opportunity to participate in the operations of the Study Commission prior to the final decision of the Study Commission concerning any matter of significant interest to the public. A matter of significant interest to the public includes but is not limited to any matter: 1. Requiring two public hearings. 2.Hearing, discussion, or deciding on a proposal to alter the current form of government for the City of Bozeman. 3. Relating to the budgetary and financial affairs of the Study Commission. Section 2.02 Open Meetings. A meeting of the Bozeman Study Commission is convened whenever a quorum of Study Commission Members hear, discuss, or act upon any matter over which they have jurisdiction, whether corporal or by means of electronic equipment. All meetings of the Bozeman Study Commission shall be open to the public, unless otherwise provided by law after consultation with qualified legal counsel. Section 2.03 Notice. The Bozeman Study Commission will meet as scheduled as decided by the Members and shall give timely notice of any public hearing or any meeting to discuss or act upon any matter of significant interest to the public, as prescribed by law. Additionally, the agenda of all scheduled meetings of the Bozeman Study Commission shall be posted on the designated public posting location(s) at best seven calendar days but not later than 48 hours prior to the meeting. Special Meetings. If a meeting is needed in addition to the regularly scheduled monthly meeting, the Chair or two or more Members can call a special meeting. The only difference between a regular meeting and a special meeting is that a special meeting can only address the topic for which it was called. Otherwise, it must follow all procedural and noticing requirements. 3 Section 2.03 Public Posting. The Bozeman Study Commission will post official notices in compliance with 2-3-103, MCA and utilizing the City of Bozeman’s designated official posting procedures. PART III. Procedures. Section 3.01 Quorum. A quorum of the Bozeman Study Commission shall consist of three Study Commission Members. No meeting of the Study Commission shall be convened without a quorum. Action of the Study Commission shall be based on the affirmative vote of a majority of those Members who are present at the meeting at which a quorum exists. Voting by proxy will not be permitted. Vote on Formal Recommendations. Any final recommendations or adoption of the final report made by the Study Commission does not have legal effect unless adopted by a majority of the whole number of members of the study commission. MCA 7-3-181 Section 3.02 Agenda Preparation. Proposed agenda matters requiring consideration, discussion, or decision by the Study Commission shall be discussed and organized during the prior meeting. The following meeting agendas will be set on each meeting agenda that includes discussion by the Members followed by public comment. A formal vote on the upcoming agenda will be taken. Additional agenda items may be added or amended by the Chair if deemed necessary and appropriate. The agenda will then be submitted in writing to the Chair of the Study Commission or to the designated point of contact of the Study Commission by 12:00pm, two calendar days preceding formal notice to the public. The Chair or the designated representative shall arrange the matters requiring discussion or action into an agenda according to the order of business specified herein. Electronic or printed copies of the agenda shall be provided to each Member of the Study Commission and made available to the public at best seven calendar days but not later than 48 hours prior to the scheduled meeting. Section 3.03 Order of Business. The presiding officer shall present the agenda in substantially the following form which may be altered by consent of the Study Commission. The order of public comment may be adjusted to enhance the value of public participation in the discussion. 1.Call the meeting to order with Pledge of Allegiance and moment of silence 2.Changes to the agenda 3.Public Comment on anything within the jurisdiction of the Study Commission 4.Approval of consent agenda which includes the Minutes of the Previous Meeting 5.Correspondence or Study Commission Update 6.Unfinished Business a.Matters that have previously been heard or considered but no final action has been taken. 7.New Business a.Public Hearing (required by law for specific actions of study commission) 8.Future Agenda Items 9.Public Comment on anything within the jurisdiction of the Study Commission a.An item that is not scheduled on the agenda for the current meeting may be commented on by the public and may be briefly discussed by the study commission at the body’s discretion. However, the purpose of such discussion shall be to decide whether or not to schedule the item for discussion and/or vote on a subsequent agenda. As a general rule no 4 matter of significant interest to the public should be decided upon without prior notice to the public as a scheduled Study Commission agenda item. 10.Announcements (such as schedule time, date, and location of next meeting) 11.Adjournment PART IV. Rules of Study Commission Participation. Section 4.01 Policy. To provide for the effective participation by all Members of the Bozeman Study Commission and to protect the right of participation by members of the public appearing before the Study Commission, all meetings of the Study Commission shall be conducted in general conformance with the provisions of the current edition of Robert's Rules of Order Simplified Version, except when inconsistent with the law or this policy. Section 4.02 Rules. Study Commission debate shall proceed in accordance with the following rules: 1.A Study Commission Member desiring to speak shall address the presiding officer, and upon recognition, shall confine him or herself to the question under debate, avoiding abusive and indecorous language. 2.A Study Commission Member once recognized, shall not be interrupted when speaking unless it is to call him or her to order, or as herein otherwise provided. If a Study Commission Member while speaking is called to order, the person shall cease speaking until the question of order is determined, and, if in order, the person shall be permitted to proceed. 3.Order of rotation in matters of debate or discussion shall be at the discretion of the presiding officer. 4.A motion may be made by any member of the Study Commission but must be seconded prior to discussion and vote. If the motion is not seconded, it shall be declared failed for lack of a second by the presiding officer. 5.A motion to reconsider any action taken by the Study Commission may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed and reconvened session thereof. Such a motion may only be made by a Study Commission Member of the prevailing side but may be seconded by any Study Commission Member and it shall be debatable. 6.Nothing herein shall be construed to prevent any Member of the Study Commission from making or remaking the same or any other proper motion at a subsequent meeting of the Study Commission, but the matter must be a scheduled agenda item. Section 4.03 Suspension of the Rules of Debate. The rules of debate may be suspended temporarily by the unanimous vote of the entire Study Commission. Section 4.04 Duty to Vote. It shall be the duty of each Study Commission Member to vote in the affirmative or negative on each motion duly placed before the Study Commission by the presiding officer. 5 A Study Commission Member may make a brief explanation of the reason why they voted in a particular way. Section 4.05 Conflict of Interest. Any Member of the Study Commission who has a private interest, as defined by law or as so advised by the City Attorney, in any matter pending before the Bozeman Study Commission shall not participate in the debate nor vote in that matter nor seek to influence the vote of Members of the Study Commission, except as otherwise provided by 2-2-201, MCA. The Member with a conflict of interest may stay present at the table but may not participate in the discussion or the vote. If the presiding officer has a private interest in a matter pending before the Study Commission, they shall yield the chair to the Vice Chair during the course of debate and decision concerning the matter in which they have a private interest. PART V. Presentation to the Study Commission. Section 5.01 Procedures. The general procedure by which items are handled by the Study Commission Members at other than public hearings shall be as follows: 1.The presiding officer or staff member presents the item to the Study Commission along with a brief summary of the matter for discussion, with or without the presiding officer's recommendation. 2.For the purpose of clarification and after recognition by the presiding officer, Study Commission Members may direct questions about the item to the presiding officer or staff member. 3.The presiding officer will then invite members of the audience to present or submit comments. 4.All comments shall be directed to the presiding officer. 5.The Study Commission may, upon a proper motion and second, vote on the matter or table the matter until a date certain. PART VI. Public Hearings Section 6.01 Procedures. The Study Commission shall conduct at least two public hearings as required by law. MCA 7-3-186 Additionally, following the presentation of any comments or information, the Members may ask questions of any person presenting to the Commission. PART VII. Guide for Public Participation Section 7.01 Guidelines for Public Participation. The following guidelines shall serve to assure reasonable and fair public participation in the decisions of the Bozeman Study Commission. 1.The public shall be invited to speak on any item under consideration by the Study Commission after and only after recognition by the presiding officer. 6 2.The speaker should step to the front of the room, and for the record, give their name and state whether they are residents of the city or property owners within the city for the record and, if applicable, the person, or organization they represent. 3.Prepared statements are welcomed and should be given to the presiding officer and noted in the minutes of the meeting. Prepared statements that are also read, however, shall be deemed unduly repetitious. All prepared statements shall become a part of the permanent record. 4.While the Study Commission is in session, members of the public must preserve order and decorum. No person shall delay or interrupt the proceedings or the peace of the Study Commission nor disturb any member of the public or of the Study Commission while speaking or refuse to obey the orders of the presiding officer of the Study Commission, and adopts Bozeman Municipal Code Ordinance 2157. Threats of violence will not be tolerated. 5.As the public has an opportunity to provide written comment on agenda items prior to a Study Commission meeting, and to ensure an orderly and efficient meeting, the presiding officer may establish time limits for speakers providing oral comment at study commission meetings. Absent the presiding officer establishing an alternative time limit for public comment, the time limit for oral comment is three minutes per person on each agenda item. PART VIII. Resolutions Section 8.01 Resolutions. Except as provided by law, proposed resolutions may be introduced at any time by a member of the Study Commission and if adopted shall be effective on the date specified therein. PASSED, ADOPTED, AND APPROVED by the Bozeman Study Commission of Bozeman, Montana, at a regular session thereof held on the 8th of January 2025. _____________________________________ Carson Taylor Chair ATTEST: _____________________________________ Mike Maas City Clerk